Provision of Health Services, Delegation

(a)Health services shall be provided in a school setting by:

(1)a physician who is licensed under the provisions of Chapter 12 of Title 10, Guam Code Annotated;

(2)an advanced practice registered nurse, registered nurse, or licensed practical nurse who is licensed under the provisions of Chapter 12 of Title 10, Guam Code Annotated;

(3)a non-licensed health technician that has the administration of health services in his or her contract or job description as a job responsibility, and who is delegated responsibility to perform the health service by a physician, an advanced practice registered nurse, or a registered nurse, and has been trained and approved, in writing, by the delegating physician or delegating nurse for delegable health services; or

(4)a school employee who is delegated responsibility to perform the health service by a physician, an advanced practice registered nurse, or a registered nurse; and

(A)has been trained by the delegating physician or delegating nurse for the specific health service, if that health service is one that could be delegated by the physician or nurse within his or her scope of practice; and COL1172018 CH. 9A STUDENT HEALTH SERVICES ACT

(B)has been approved, in writing, by the delegating physician or delegating nurse.

(i)The approval shall state that the school employee consents to perform the health service when the employee does not have the administration of health services in his or her contract or job description as a job responsibility, possesses sufficient training and skills, and has demonstrated competency to safely and effectively perform the health service.

(ii)The school employee shall acknowledge receipt of training by signing the approval form. A copy of the approval form shall be maintained in the corresponding student’s record and the personnel file of the school employee. A delegation to a school employee under this paragraph shall be valid only for the current school year.

(C)Nothing in this Section shall be construed to require a school employee to consent to provide health services when the employee does not have the administration of health services in his or her contract or job description as a job responsibility.

(b)If at any time no school employee meeting the qualifications of Subsection

(a)of this Section is available, the Superintendent shall make any necessary arrangement for the provision of the health services in order to prevent a loss of a health service from affecting students’ attendance or program participation.

(c)Limitation of Liability. A school employee who has been properly delegated responsibility for performing a health service under this Section shall act as an agent of the school and be granted liability protection under the Paul P. Coverdell Teacher Liability Protection Act of 2001 (Public Law 107-110), unless the claimant establishes by clear and convincing evidence that harm was proximately caused by an act or omission of the school employee that constitutes gross negligence, willful or criminal misconduct, or COL1172018 CH. 9A STUDENT HEALTH SERVICES ACT a conscious, flagrant indifference to the rights or safety of the individual harmed.

(d)Nothing in this Section shall be construed to deny a student his or her right to attend a Guam Department of Education school and to receive public school services, or to deny, prohibit, or limit the administration of emergency first aid or emergency procedures. --------ARTICLE 3 ADMINISTRATION OF MEDICATIONS